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A Little advice from someone who has been prosecuted

For discussion of the threatened legal action surrounding the alleged filesharing of pornography, computer games and music. (Golden Eye Int LTD / GEIL / MIRCOM / TCYK)
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Welcome to this forum, should you have received a letter do not panic, read the threads and make a (hopefully more informed) decision on how you want to proceed.

To avoid repeating previous posts, please familiarise yourself with the following information before posting.

Summary site (BeingThreatened.com) and Chat (IRC) or Chat (WebClient)

Speculative invoicing and “pay up or else” schemes for copyright infringement - Citizen's Advice Bureau

Speculative Invoicing Handbook

I've received a letter, what should I do? and Davenport Lyons - What can we do as a group?

A Little advice from someone who has been prosecuted

Postby CrapH » Sat Nov 28, 2009 6:49 am

i was investigated and prosecuted last year for the supply and distribution of copyrighted material so i know a little bit on how this works and would like to pass on a little bit of advice given to me by FACT.

If you get any letters from solicitors or companies, you must reply and deny any wrongdoing. This is the first step and you most send the letter by recorded delivery. If you are still worried about it or do not recieve a reply, then contact FACT and ask them for advice.

Remember the burden of proof is on the law firm to PROVE that you are responsible and FACT will tell you just having your ip address is not enough, FACT siezed all my equipment and after a year of investigations they could not find i had "shared" any files although i did download a few. I was told although i am infringing copyright by downloading material as it was only for personal use no reparations needed to be made. "sharing" the file is a different materr though and even just giving a copy of something to a friend could get you a fine, allowing a file to be uploaded using p2p programs is the same thing and will land you a fine.

But dont let companies like davenports of acw law threaten you, they are using civil proceedings against you not criminal proceedings, they dont have the authority to proceed in a criminal case against you, so contact FACT and your local trading standards office and complain to them about these dodgy law firm. Remember these companies must PROVE you are responsible, its not your job to prove you didnt do it.

As for me, a feww hundred dvds and 2 pcs were siezed and disposed of, end of mattare as far as police,FACT and Trading Standards were concerned.

most of all dont panic, these scam artists dont wnat to take you to court , it cost them money and they know they wont win. so just deny it and if you have some cash then spend it on a civil small claims (£50) against the law firm for undue stress and libelous acusations and claim double what ever they are asking for. if everyone who got one of thier letters did that then the courts would take notice and shut the firms down
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Re: A Little advice from someone who has been prosecuted

Postby jimmy90 » Sat Nov 28, 2009 8:19 am

Thanks for the advice
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Re: A Little advice from someone who has been prosecuted

Postby merah » Sat Nov 28, 2009 9:19 am

Valuable advice CrapH, thank you very much for sharing :thumbup:
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